Over-representation of indigenous youth (week 8)

Question 1

what are some of the explanations offered to account for the chronic levels of over-representation of indigenous youth in the juvenile justice system?

Answer 1

Judicial prejudice

• sees that Indigenous Australians receive significantly harsher penalties than their Anglo-Australian counterparts
• There are a lack of community-based sanctions in rural areas and often judicial officers themselves are prejudiced and in the past have linked ‘noble savage’ with criminality

Over-offending

• Around twice as many Indigenous people report being a victim of violence as non-Indigenous Australians
• Aboriginal Australians are up to 9X more likely to be a victim of homicide than non-Aboriginal Australians

Over-policing

• Indigenous people are often charged and convicted for trivial public order offences
• Police have a tendency to initiate a confrontation with Indigenous people which can often lead to angry verbal or physical abuse from the Indigenous person which inevitably leads to their arrest
• Case where an Indigenous woman went to a police station to report abuse against her and was asked to watch her language and then arrested and charged with offensive language
• Historically, Indigenous communities have had a high level of state and police intervention
• Indigenous use of public space means they are more visible to the police

Law and order politics

• The racialization of crime has a profound impact on juvenile and criminal justice systems
• Local law and order campaigns typically include requests to increase police powers to control drunkenness and disorderly behaviour, remove children from public spaces, impose curfews the imposition of tougher penalties and the removal of what are perceived to be ‘special’ provision and laws

Question 2

Stats

Answer 2

• in 2010-2011, indigenous youth 10-17 years old were 4-6X more likely than non-indigenous youth to be prosecuted against by police and were 18X more likely to be in detention
• Similarly, a study by Snowball (2008) also found that in SA, NSW, and WA, Indigenous young offenders were more likely than non-Indigenous counterparts to be referred to court rather than receive a police caution.
• Indigenous youth are most likely to have contact with the justice system from a very young age, have multiple contacts, and to experience multiple episodes of supervision

Question 3

What form would a law and order response to the problem of indigenous over-representation take?

Answer 3

• Increase police powers to control drunkenness and disorderly behaviour, remove children from public spaces
• Impose curfews
• Imposition of tougher penalties

Question 4

What other measures may be more effective in addressing the problem of indigenous over-representation in the juvenile justice system?

Answer 4

• Strategies that may be more effective in addressing the problem of Indigenous over-representation in the juvenile justice system need to include culturally sensitive initiatives and respect such as:
  
  • Local indigenous initiatives
  • Mentoring
  • Aboriginal community justice groups
  • Initiatives such as circle sentencing
  • More sensitive interactions by police/ building mutual respect through recognition of cultural differences and education